The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority
In the United Kingdom, motor vehicle insurance is governed by national and EU law. In respect of the EU requirement that member states establish a guarantee fund from which the victims of negligent uninsured or untraced drivers may obtain compensation, the United Kingdom entered into a series of agr...
| Main Authors: | , |
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| Format: | Article |
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Oxford University Press
2016
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| Online Access: | https://eprints.nottingham.ac.uk/43582/ |
| _version_ | 1848796720276701184 |
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| author | Marson, James Ferris, Katy |
| author_facet | Marson, James Ferris, Katy |
| author_sort | Marson, James |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | In the United Kingdom, motor vehicle insurance is governed by national and EU law. In respect of the EU requirement that member states establish a guarantee fund from which the victims of negligent uninsured or untraced drivers may obtain compensation, the United Kingdom entered into a series of agreements with the Motor Insurers’ Bureau (MIB). In 2015, the MIB established the Uninsured Drivers’ Agreement (UDA). This agreement implements (with the Road Traffic Act 1988 and the Untraced Drivers’ Agreement 2003) aspects of the Motor Vehicle Insurance Directives (MVID). The UDA 2015 establishes clauses and procedural arrangements which, we argue, have largely removed legal certainty for policyholders and for the victims of negligent uninsured drivers. As such, the fundamental goals of the MVID and the free movement principles upon which they are based are undermined in the United Kingdom. This article offers a critique of the substantive breaches of the MVID through the UDA 2015’s exclusions and procedural arrangements and identifies the current state of unpredictability and uncertainty when the two sources of law are compared. |
| first_indexed | 2025-11-14T19:52:28Z |
| format | Article |
| id | nottingham-43582 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:52:28Z |
| publishDate | 2016 |
| publisher | Oxford University Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-435822020-05-04T18:20:34Z https://eprints.nottingham.ac.uk/43582/ The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority Marson, James Ferris, Katy In the United Kingdom, motor vehicle insurance is governed by national and EU law. In respect of the EU requirement that member states establish a guarantee fund from which the victims of negligent uninsured or untraced drivers may obtain compensation, the United Kingdom entered into a series of agreements with the Motor Insurers’ Bureau (MIB). In 2015, the MIB established the Uninsured Drivers’ Agreement (UDA). This agreement implements (with the Road Traffic Act 1988 and the Untraced Drivers’ Agreement 2003) aspects of the Motor Vehicle Insurance Directives (MVID). The UDA 2015 establishes clauses and procedural arrangements which, we argue, have largely removed legal certainty for policyholders and for the victims of negligent uninsured drivers. As such, the fundamental goals of the MVID and the free movement principles upon which they are based are undermined in the United Kingdom. This article offers a critique of the substantive breaches of the MVID through the UDA 2015’s exclusions and procedural arrangements and identifies the current state of unpredictability and uncertainty when the two sources of law are compared. Oxford University Press 2016-11-19 Article PeerReviewed Marson, James and Ferris, Katy (2016) The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority. Statute Law Review, 38 (2). pp. 133-146. ISSN 1464-3863 https://academic.oup.com/slr/article-lookup/doi/10.1093/slr/hmw043 doi:10.1093/slr/hmw043 doi:10.1093/slr/hmw043 |
| spellingShingle | Marson, James Ferris, Katy The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority |
| title | The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority |
| title_full | The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority |
| title_fullStr | The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority |
| title_full_unstemmed | The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority |
| title_short | The Uninsured Drivers’ Agreement 2015 as a legitimate source of authority |
| title_sort | uninsured drivers’ agreement 2015 as a legitimate source of authority |
| url | https://eprints.nottingham.ac.uk/43582/ https://eprints.nottingham.ac.uk/43582/ https://eprints.nottingham.ac.uk/43582/ |